Vassar v. Swift & Co.

Citations

• 106 Kan. 836
• 189 P. 943
• 1920 Kan. LEXIS 666

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Compensation Act — Injuries—No Notice of Accident Given Within Ten Days. In an action under the workmen’s compensation act, the answer was a general denial. On the trial it was shown that no notice of the accident was given to the employer within ten days as required by section 5916 of the General Statutes of 1915. No instructions were asked with respect to the question of notice and, the record failing to disclose that the question was called to the attention of the trial court, held, that it is too late to raise the question in this court.</p> <p>2. Same — Evidence—Dying Declarations. The rule, announced in Thurs-ton v. Fritz, 91 Kan. 468, 138 Pac. 625, that dying declarations are admissible in civil cases, followed and applied in a workmen’s compensation case.</p> <p>3. Same — Questions of Fact for Jury. The evidence is held sufficient to take to the jury the question of the declarant’s fear of impending death and the question of the credibility of the declarations.</p>